Clinical negligence Archives - Page 2 of 10

Fournier’s Gangrene and Material Contribution

Dalchow v St George's University NHS Foundation Trust [2022] EWHC 100 (QB) The Claimant brought proceedings alleging a delay in the diagnosis and treatment of Fournier’s Gangrene. The condition is one in which there is necrotising fasciitis of the perineum and scrotum. The Claimant had undergone a day case elective…

By May 24, 2022Clinical negligence, Issue 11material contribution

Clinical negligence Issue 11

Psychosis, Operational Duty and Illegality

Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB) In Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB) the High Court considered the liability of an NHS Trust when a patient stabbed his daughter during a psychotic episode allegedly…

By May 24, 2022Clinical negligence, Issue 11Article 2, illegality, operational duty

Clinical negligence Issue 11

Breach Found in Pre-Conception Claim

Toombes v Mitchell [2021] EWHC 3234 (QB) The Claimant suffered from a congenital defect, as a result of her mother not having taken folic acid before her conception. Her claim alleged that, at a pre-conception consultation on 27 February 2001, Dr Mitchell, the Defendant, negligently failed to advise her mother,…

By May 24, 2022Clinical negligence, Issue 11Wrongful birth

Clinical negligence Issue 11

Primary Victims

Andrew Turton v Clinton Devon Farms Partnership (County Court (Exeter)) [2021] 6 WLUK 718 Following the decision of the Court of Appeal in the joined cases of Paul v Royal Wolverhampton NHS Trust, Polmear v Royal Cornwall Hospital NHS Trust, Purchase v Ahmed [2022] EWCA Civ 12 (see Jo Moore’s…

By May 24, 2022Clinical negligence, Issue 11primary victims, psychiatric injury

Clinical negligence Issue 11

Non-Delegable Duty Healthcare Litigation: The Widening Woodland Boundaries

Hughes v Rattan [2022] EWCA Civ 107 In Hughes v Rattan [2022] EWCA Civ 107, the Court of Appeal answered the following question: was the owner and principal of a dental practice liable for the negligence of his self-employed associates? The claim arose from NHS care provided by three associate dentists. The…

By May 24, 2022Clinical negligence, Issue 11dental negligence, non-delegable duty, vicarious liability

Clinical negligence Issue 10

Unorthodox Covid Views and Medical Regulation

White v General Medical Council [2021] EWHC 3286 (Admin) A case in which the High Court reminds the regulator of requirements for imposing curbs on free speech. Dr Samuel White is a GP. Earlier this year he posted a seven-minute video on Instagram explaining that he had resigned from his…

By January 24, 2022Clinical negligence, Issue 10Coronavirus

Clinical negligence Issue 10

A Review of Fundamental Dishonesty Cases in 2021

Iddon v Warner [2021] EWHC 587 (QB) Calderdale and Huddersfield NHS Trust v Metcalf [2021] EWHC 611 (QB) Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB) Michael v IE & D Hurford Ltd[2021] EWHC 2318 (QB) Mustard v Flower & Ors [2021] EWHC 846 (QB)…

By January 24, 2022Clinical negligence, Issue 10Fundamental Dishonesty

Clinical negligence Issue 10

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case

Hughes v Rattan [2021] EWHC 2032 (QB) In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question: was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS…

By January 24, 2022Clinical negligence, Issue 10non-delegable duty, vicarious liability

Clinical negligence Issue 10

Determining Causation in a Bacterial Meningitis Case

Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB) This was a claim brought by the widower of a woman who died of bacterial meningitis. She had been admitted to hospital two days earlier with a history of severe headache and middle ear infection. The Defendant admitted that…

By January 19, 2022Clinical negligence, Issue 10Causation

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